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H0529aa.............................................by AGRICULTURAL AFFAIRS
LIVESTOCK - Amends existing law to provide for the Director of the
Department of Agriculture's regulation of commercial livestock truck
washing facilities; and to provide that certain authority of the Department
of Environmental Quality is preempted.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Agric Aff
03/01 Rpt out - to Gen Ord
03/07 Rpt out amen - to engros
03/08 Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 61-0-9
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bruneel, Campbell, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg(Duncan),
Kendell, Lake, Langford, Loertscher, Martinez, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Callister, Clark, Gould, Hammond,
Jones, Kunz, Mader, Sali
Floor Sponsor - Bolz
Title apvd - to Senate
03/11 Senate intro - 1st rdg - to Agric Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 34-1-0
AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- Hawkins
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
To enrol - Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 104
Effective: 03/19/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 529
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE; AMENDING
3 SECTION 22-103, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR IS HEREBY AUTHO-
4 RIZED TO LICENSE AND INSPECT ALL LIVESTOCK TRUCK WASHING FACILITIES
5 INCLUDING WASTE DISPOSAL SYSTEMS AND WASTEWATER DISPOSAL SYSTEMS OF SUCH
6 TRUCK WASHING FACILITIES; AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 22-103, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 22-103. DUTIES OF DIRECTOR. The director of the department of agriculture
11 shall execute the powers and discharge the duties vested by law in him or in
12 the department, including, but not limited to, the following:
13 (1) Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
14 evaluate the performance of all employees of the department.
15 (2) Designate employees for special assignment, office or function as the
16 needs of the department may require.
17 (3) Acquire, generate, develop and disseminate information and data con-
18 cerning agricultural pursuits, productivity and product quality.
19 (4) Encourage and promote in every practical manner, the interests of
20 agriculture, horticulture, apiculture, aquaculture, the livestock industries,
21 poultry and fowl raising, wool and fur-bearing animals and their allied indus-
22 tries.
23 (5) Assist, encourage and promote the organization of farmers' insti-
24 tutes, agricultural, horticultural, management or cooperative societies and
25 organizations for the benefit of agricultural pursuits in this state.
26 (6) Promote improved methods of production, storage, sales and marketing
27 of agricultural industries.
28 (7) Establish and promulgate standards of construction, use and sanita-
29 tion of open and closed receptacles for farm products, and standards for grade
30 or other classification of farm products.
31 (8) Prescribe and promulgate rules governing marks, brands and labels,
32 and the registration thereof, for use upon receptacles for farm products.
33 (9) Promote, in the interest of the public, economical and efficient use
34 of products and commodities used in the production of agricultural, horticul-
35 tural, meats and other products and farm commodities and their distribution.
36 (10) Cooperate with producers, processors and consumers in devising and
37 maintaining economical and efficient systems of distribution, and to assist in
38 the reduction of waste and expense incidental to the marketing of agricultural
39 products.
40 (11) Gather and diffuse timely information and statistics concerning sup-
41 ply, demand, prevailing prices and commercial movement of agricultural prod-
42 ucts.
43 (12) Maintain a market news service, including information concerning
2
1 crops, freight rates, commission rates and such other information as may be of
2 service to producers and consumers, and to act as a clearinghouse for informa-
3 tion between producers and consumers.
4 (13) Cooperate with the secretary, colleges and universities, experiment
5 stations, and other agencies which cooperate in devising, research and devel-
6 opment and utilization of improved agricultural production and other activi-
7 ties.
8 (14) Investigate the practices, methods of factors, management techniques
9 of commission merchants, track buyers and others who receive, solicit, buy,
10 sell, handle on commission or otherwise, or deal in grains, eggs, livestock,
11 vegetables or other products used as human foods, to the end that distribution
12 of such commodities through such factors, commission merchants, track buyers
13 and others be efficiently and economically accomplished without hardship,
14 waste or fraud.
15 (15) Enter and inspect any right-of-way of any irrigation canal, railway,
16 public highway, field, orchard, nursery, fruit or vegetable packing house,
17 store room, sales room, storage facility, depot or other place where fruits
18 and vegetables are grown or stored and to inspect fruits, trees, plants,
19 vines, shrubs or other articles within the state, and if such places or arti-
20 cles are infested with pests, insects or their eggs or larvae, or with any
21 contagious or transmittable diseases injurious to plant life, to abate or
22 eradicate the same as a nuisance.
23 (16) Provide treatment for and prevent the spread of infectious or commu-
24 nicable diseases among bees, livestock, fur-bearing animals or domestic ani-
25 mals through the systematic and periodic inspection, testing or treatment of
26 such bees and animals at the expense of the owner thereof.
27 (17) Protect the livestock interests of the state from losses due to dis-
28 ease or hazards to animal health and communicable to humans through agricul-
29 tural products. As part of this duty, the director is hereby authorized to
30 license and inspect all livestock truck washing facilities including waste
31 disposal systems and wastewater disposal systems of such truck washing facili-
32 ties.
33 (18) Maintain recording of earmarks, eartags or other identifying marks
34 not covered under any other provisions of law.
35 (19) Purchase, lease, hold, sell, and dispose of real and personal prop-
36 erty of the department when, in the judgment of the director, such transac-
37 tions promote the purposes for which the department is established.
38 (20) Contract with any state agency, federal agency or agency of another
39 state concerning any matter, program or cooperative effort within the scope
40 and jurisdiction of its authority pursuant to law.
41 (21) Assist in the improvement of country life, farm occupations and to
42 cooperate in effectuating equality of opportunity of those employed in agri-
43 cultural pursuits in the state of Idaho.
44 (22) Investigate diseases, contamination of livestock and poultry, agri-
45 cultural, horticultural, and farm products, suspected to be infected or con-
46 taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
47 ical or other disease-producing agents, or carrying a residue of any such
48 disease-producing agent or chemical in excess of any tolerance established by
49 federal or state law or regulation and to examine, conduct tests, and issue
50 "hold orders" on any livestock, poultry, agricultural, horticultural or farm
51 products as deemed necessary to effectuate a diagnosis of disease, contamina-
52 tion or chemical level to safeguard and protect animal and man. And addition-
53 ally, authorize and implement a predator control program on state and private
54 lands using any kind of toxic material or substance suitable for such purpose.
55 Any toxic material or substance shall be approved for use by the director. In
3
1 order to carry out the provisions of this subsection (22), the director shall
2 prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
3 (23) Prescribe by rule an interest charge which may be assessed on all
4 accounts which are thirty (30) days past due from the initial billing date or
5 the assessment due date. The interest rate charged shall not exceed twelve
6 percent (12%) per annum.
7 (24) To take all steps that are deemed necessary to prevent and control
8 damage or conflicts on federal, state, or other public or private lands caused
9 by predatory animals, rodents, or birds, including threatened or endangered
10 wildlife within the state of Idaho as are established by federal or state law,
11 federal or state regulation, or county ordinance, that are injurious to animal
12 husbandry, agriculture, horticulture, forestry, wildlife and human health and
13 safety.
14 (25) To administer oaths, certify to all official acts and subpoena any
15 person in this state as a witness; to compel through subpoena the production
16 of books, papers, and records; and to take the testimony of any person on
17 deposition in the same manner as prescribed by law in the procedure before the
18 courts of this state. A subpoena issued by the director shall extend to all
19 parts of the state and may be served by any person authorized to do so. All
20 powers of the director enumerated in this subsection (25) with respect to
21 administering oaths, power of subpoena, and other powers in hearings on com-
22 plaints shall likewise be applicable to hearings held on applications for the
23 issuance or renewal of licenses.
24 (26) To appoint, as necessary, committees for the purpose of advising the
25 director on any and all matters relating to agricultural programs within the
26 Idaho department of agriculture.
27 SECTION 2. An emergency existing therefor, which emergency is hereby
28 declared to exist, this act shall be in full force and effect on and after its
29 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Bolz
Seconded by Stevenson
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 529
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 29, delete "As part of this duty,
3 the director is hereby authorized to"; delete lines 30 through 32 and insert:
4 "The director is authorized to regulate, as deemed necessary, commercial live-
5 stock truck washing facilities. This includes permitting for the treatment or
6 disposal, at any location, of any wash water generated by the facility. This
7 subsection preempts Idaho department of environmental quality's authority to
8 issue land application permits and to do plan and specification reviews under
9 section 39-118, Idaho Code, for livestock truck wash facilities, but does not
10 affect any other authority of the Idaho department of environmental quality.".
11 CORRECTIONS TO TITLE
12 On page 1, in line 3, delete "THAT THE DIRECTOR IS HEREBY AUTHO-"; delete
13 lines 4 and 5; and in line 6, delete "TRUCK WASHING FACILITIES" and insert:
14 "FOR THE DIRECTOR'S REGULATION OF COMMERCIAL LIVESTOCK TRUCK WASHING FACILI-
15 TIES AND TO PROVIDE THAT CERTAIN AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL
16 QUALITY IS PREEMPTED BY THE PROVISIONS OF SECTION 22-103(17), IDAHO CODE".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 529, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE; AMENDING
3 SECTION 22-103, IDAHO CODE, TO PROVIDE FOR THE DIRECTOR'S REGULATION OF
4 COMMERCIAL LIVESTOCK TRUCK WASHING FACILITIES AND TO PROVIDE THAT CERTAIN
5 AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY IS PREEMPTED BY THE
6 PROVISIONS OF SECTION 22-103(17), IDAHO CODE; AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 22-103, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 22-103. DUTIES OF DIRECTOR. The director of the department of agriculture
11 shall execute the powers and discharge the duties vested by law in him or in
12 the department, including, but not limited to, the following:
13 (1) Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
14 evaluate the performance of all employees of the department.
15 (2) Designate employees for special assignment, office or function as the
16 needs of the department may require.
17 (3) Acquire, generate, develop and disseminate information and data con-
18 cerning agricultural pursuits, productivity and product quality.
19 (4) Encourage and promote in every practical manner, the interests of
20 agriculture, horticulture, apiculture, aquaculture, the livestock industries,
21 poultry and fowl raising, wool and fur-bearing animals and their allied indus-
22 tries.
23 (5) Assist, encourage and promote the organization of farmers' insti-
24 tutes, agricultural, horticultural, management or cooperative societies and
25 organizations for the benefit of agricultural pursuits in this state.
26 (6) Promote improved methods of production, storage, sales and marketing
27 of agricultural industries.
28 (7) Establish and promulgate standards of construction, use and sanita-
29 tion of open and closed receptacles for farm products, and standards for grade
30 or other classification of farm products.
31 (8) Prescribe and promulgate rules governing marks, brands and labels,
32 and the registration thereof, for use upon receptacles for farm products.
33 (9) Promote, in the interest of the public, economical and efficient use
34 of products and commodities used in the production of agricultural, horticul-
35 tural, meats and other products and farm commodities and their distribution.
36 (10) Cooperate with producers, processors and consumers in devising and
37 maintaining economical and efficient systems of distribution, and to assist in
38 the reduction of waste and expense incidental to the marketing of agricultural
39 products.
40 (11) Gather and diffuse timely information and statistics concerning sup-
41 ply, demand, prevailing prices and commercial movement of agricultural prod-
42 ucts.
43 (12) Maintain a market news service, including information concerning
2
1 crops, freight rates, commission rates and such other information as may be of
2 service to producers and consumers, and to act as a clearinghouse for informa-
3 tion between producers and consumers.
4 (13) Cooperate with the secretary, colleges and universities, experiment
5 stations, and other agencies which cooperate in devising, research and devel-
6 opment and utilization of improved agricultural production and other activi-
7 ties.
8 (14) Investigate the practices, methods of factors, management techniques
9 of commission merchants, track buyers and others who receive, solicit, buy,
10 sell, handle on commission or otherwise, or deal in grains, eggs, livestock,
11 vegetables or other products used as human foods, to the end that distribution
12 of such commodities through such factors, commission merchants, track buyers
13 and others be efficiently and economically accomplished without hardship,
14 waste or fraud.
15 (15) Enter and inspect any right-of-way of any irrigation canal, railway,
16 public highway, field, orchard, nursery, fruit or vegetable packing house,
17 store room, sales room, storage facility, depot or other place where fruits
18 and vegetables are grown or stored and to inspect fruits, trees, plants,
19 vines, shrubs or other articles within the state, and if such places or arti-
20 cles are infested with pests, insects or their eggs or larvae, or with any
21 contagious or transmittable diseases injurious to plant life, to abate or
22 eradicate the same as a nuisance.
23 (16) Provide treatment for and prevent the spread of infectious or commu-
24 nicable diseases among bees, livestock, fur-bearing animals or domestic ani-
25 mals through the systematic and periodic inspection, testing or treatment of
26 such bees and animals at the expense of the owner thereof.
27 (17) Protect the livestock interests of the state from losses due to dis-
28 ease or hazards to animal health and communicable to humans through agricul-
29 tural products. The director is authorized to regulate, as deemed necessary,
30 commercial livestock truck washing facilities. This includes permitting for
31 the treatment or disposal, at any location, of any wash water generated by the
32 facility. This subsection preempts Idaho department of environmental quality's
33 authority to issue land application permits and to do plan and specification
34 reviews under section 39-118, Idaho Code, for livestock truck wash facilities,
35 but does not affect any other authority of the Idaho department of environmen-
36 tal quality.
37 (18) Maintain recording of earmarks, eartags or other identifying marks
38 not covered under any other provisions of law.
39 (19) Purchase, lease, hold, sell, and dispose of real and personal prop-
40 erty of the department when, in the judgment of the director, such transac-
41 tions promote the purposes for which the department is established.
42 (20) Contract with any state agency, federal agency or agency of another
43 state concerning any matter, program or cooperative effort within the scope
44 and jurisdiction of its authority pursuant to law.
45 (21) Assist in the improvement of country life, farm occupations and to
46 cooperate in effectuating equality of opportunity of those employed in agri-
47 cultural pursuits in the state of Idaho.
48 (22) Investigate diseases, contamination of livestock and poultry, agri-
49 cultural, horticultural, and farm products, suspected to be infected or con-
50 taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
51 ical or other disease-producing agents, or carrying a residue of any such
52 disease-producing agent or chemical in excess of any tolerance established by
53 federal or state law or regulation and to examine, conduct tests, and issue
54 "hold orders" on any livestock, poultry, agricultural, horticultural or farm
55 products as deemed necessary to effectuate a diagnosis of disease, contamina-
3
1 tion or chemical level to safeguard and protect animal and man. And addition-
2 ally, authorize and implement a predator control program on state and private
3 lands using any kind of toxic material or substance suitable for such purpose.
4 Any toxic material or substance shall be approved for use by the director. In
5 order to carry out the provisions of this subsection (22), the director shall
6 prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
7 (23) Prescribe by rule an interest charge which may be assessed on all
8 accounts which are thirty (30) days past due from the initial billing date or
9 the assessment due date. The interest rate charged shall not exceed twelve
10 percent (12%) per annum.
11 (24) To take all steps that are deemed necessary to prevent and control
12 damage or conflicts on federal, state, or other public or private lands caused
13 by predatory animals, rodents, or birds, including threatened or endangered
14 wildlife within the state of Idaho as are established by federal or state law,
15 federal or state regulation, or county ordinance, that are injurious to animal
16 husbandry, agriculture, horticulture, forestry, wildlife and human health and
17 safety.
18 (25) To administer oaths, certify to all official acts and subpoena any
19 person in this state as a witness; to compel through subpoena the production
20 of books, papers, and records; and to take the testimony of any person on
21 deposition in the same manner as prescribed by law in the procedure before the
22 courts of this state. A subpoena issued by the director shall extend to all
23 parts of the state and may be served by any person authorized to do so. All
24 powers of the director enumerated in this subsection (25) with respect to
25 administering oaths, power of subpoena, and other powers in hearings on com-
26 plaints shall likewise be applicable to hearings held on applications for the
27 issuance or renewal of licenses.
28 (26) To appoint, as necessary, committees for the purpose of advising the
29 director on any and all matters relating to agricultural programs within the
30 Idaho department of agriculture.
31 SECTION 2. An emergency existing therefor, which emergency is hereby
32 declared to exist, this act shall be in full force and effect on and after its
33 passage and approval.
STATEMENT OF PURPOSE
RS 11548C1
The purpose of this legislation is to place the licensing and
inspection of all livestock truck washing facilities under the
State Department of Agriculture. This legislation will provide
that the State Department of Agriculture be placed in charge of
all facets of disease control of animals which will include the
cleaning and disinfecting of trucks to haul livestock. Truck
washing facilities that do not wash livestock trailers or those
that are used for general washing and cleaning of truck tractors
and semi-trailers shall remain under the purview of the Department
of Environmental Quality.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Greg Nelson, Idaho Farm Bureau Federation
Phone: 342-2688
Representative Bolz
STATEMENT OF PURPOSE/FISCAL NOTE H 529